CONFLICT OF INTEREST: Justice Barrett must recuse from 2020 election cases

Justice Amy Coney Barrett

President Trump gave Justice Amy Coney Barrett a seat on the highest court in the country while votes in his re-election race were being cast. He made it clear that he wanted her there as a tie-breaking vote, in case election issues made it to the Supreme Court.

And soon, Justice Barrett could start ruling on 2020 election cases.

It’s an obvious and enormous conflict of interest that's addressed by federal law: judges are required to recuse themselves from a case if their “impartiality might reasonably be questioned.” [1] The Supreme Court even approved this legal standard in 2009.

Justice Barrett’s impartiality in election-related cases can certainly and reasonably be questioned. She therefore has an obligation to recuse herself from any cases related to the 2020 election -- and if she doesn’t, she’ll put the integrity of the Supreme Court, the election, and our democracy in jeopardy.

But during her confirmation process, Justice Barrett refused to commit to recusal. And with crucial election-related litigation likely to reach the Supreme Court in the coming weeks -- we must immediately ramp up the pressure and make sure she does what’s right for our democracy.

Like we saw in 2000, a tight presidential race could be decided by a Supreme Court verdict. Trump knows this -- and it’s one of the main reasons he rushed to seat Justice Barrett.

Add your name to join the nationwide outcry: Justice Barrett cannot rule on 2020 election cases. Our democracy depends on it.


1) https://www.law.cornell.edu/uscode/text/28/455

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Washington, DC

To: Justice Amy Coney Barrett
From: [Your Name]

Justice Amy Coney Barrett should not rule on cases related to the 2020 election. She was nominated by President Trump, a candidate in this race, just weeks ago -- and confirmed as part of a rushed, hyperpartisan process while the election was already underway.

These are major conflicts of interest that would make it virtually impossible for Justice Barrett to judge any 2020 election case with impartiality. If she does not recuse herself from these cases, she’ll be fundamentally impugning the integrity of our Supreme Court.